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Terms and Conditions
1st Choice Continuing Education ENCOURAGES ALL NEW CUSTOMERS TO TAKE A FEW MINUTES BEFORE USING THIS WEBSITE TO CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE.
The use of this Site is subject to the following Terms and Conditions which constitute a legal agreement between the user and 1st Choice Continuing Education By using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Please review; if you agree with the Terms and Conditions, use responsibly.
Users are prohibited from posting or transmitting material to or from this site (www.1stchoice-ce.com) that is unlawful, frightening, offensive, libelous, provocative, obscene, immoral, pornographic, or capable of giving rise to any civil or criminal liability under the law.
The use of the 1st Choice Continuing Education’s website is governed by the laws of the state of Texas, U.S.A., without consideration of any other law, or principles of conflict of laws. Said laws will govern these “Terms and Conditions” and any dispute that might arise between any customer and 1st Choice Continuing Education.
At 1st Choice Continuing Education, your privacy is a primary concern as we make every effort to preserve it. That being said, we may need to disclose personal information when required by law, or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with legal processes served on our Web site.
The content of this site in its entirety, including but not limited to code, graphics and text, is copyrighted under the United States and other international copyright laws; it is recognized as 1st Choice Continuing Education’s property.
1st Choice Continuing Education reserves all rights to copy and/or make hard print copies of any portion of this website. The making of electronic and printed copies of any part of this website is permitted for non-commercial use only.
Distribution, reproduction, transmission, modification and any other method of piracy pertaining to the code, pictures, and text of this site is strictly prohibited by 1st Choice Continuing Education, unless written authorization has been obtained.
1st Choice Continuing Education and its logo are registered trademarks. The use of the 1st Choice Continuing Education name and logo without written authorization from 1st Choice Continuing Education is strictly prohibited.
Limitation of Liability and Indemnification Agreement
1st Choice Continuing Education shall not be held legally responsible for any particular or consequential damages that arise from the use of or lack of ability to use the materials on this site, or the performance of the products. This applies regardless of whether or not you forewarn the possibility of such damages.
In consideration of the opportunity to enroll and/or participate in training at the 1st Choice Continuing Education, I agree as follows:
1. Express Assumption of Risk and Release: I, the undersigned, am aware that there are significant risks and dangers presented at any 1st Choice Continuing Education facility and/or involved in all aspects of training. I recognize that the 1st Choice Continuing Education and training can expose me and others in and around any 1st Choice Continuing Education facility or involved in or near training to, among other things, electrical circuits or wiring, sharp and quick moving parts, malfunctioning equipment or tools, explosive or poisonous gases or chemicals and extreme heat or cold. The 1st Choice Continuing Education and training can involve multiple people at any time in close contact with or working in confined quarters with, at heights or in awkward positions with multiple dangerous conditions, including one or more of the foregoing, and I should expect to regularly encounter the same dangerous conditions, among others, while at any 1st Choice Continuing Education facility and/or while undergoing training. I recognize that the risks of serious injury or death could include the following, among others: a) falls; b) injury, damage or death due to negligence on the part of myself, my training partner, or other people around me; c) injury, damage or death due to improper use, functioning or failure of tools, materials, equipment, or facilities with which I or others are working; d) electrocution or shock; e) serious burns, cuts or frostbite; f) stress; g) explosions; and/or h) poisoning. Knowing and appreciating the fact that I am exposing myself to significant risks of property damage and/or serious personal injury or death, I knowingly and willingly voluntarily assume all risks arising out of, connected to or in any way related to my involvement with 1st Choice Continuing Education or any 1st Choice Continuing Education facility or training, including but not limited to those risks or losses expressly outlined in this document, and accept full responsibility for any personal injury, death or property damage that may result from participation in any activity or class offered by 1st Choice Continuing Education or while at any 1st Choice Continuing Education facility, including but not limited to any risk or loss resulting from any act or omission resulting in whole or in part from the act or omission of others participating in training or employees, officers, directors or agents of 1st Choice Continuing Education. I agree to fully release and relinquish the 1st Choice Continuing Education, its officers, directors, employees, agents, representatives, any business partner, successor, predecessor, as well as any assign or affiliate of any of the foregoing (Released Parties) from any injuries, damages, liability, expenses (including attorneys fees or costs) or losses of any kind that I or any spouse or children of mine may suffer, including any property damage or personal injury, even death, arising out of, connected with or associated in any way with my entry into or near any 1st Choice Continuing Education facility, or my actual or intended enrollment or involvement in any 1st Choice Continuing Education training, class or activity, including but not limited to any of the foregoing resulting in whole or in part from acts or omissions of others participating in training or 1st Choice Continuing Education officers, directors, employees or agents.
2. Representations of Training Candidate: The undersigned represents and warrants that I am solely responsible for determining whether I am physically fit, able or skilled enough to: a) enter any 1st Choice Continuing Education facility, b) participate in any and all training, classes or activities offered by 1st Choice Continuing Education and c) adequately face the risks posed by my involvement and participation in training. I further represent and warrant that I am over the age of 18 and have no physical or mental limitations or impairments which will pose a direct threat to myself or others as a result of my entry into a 1st Choice Continuing Education facility or through my participation in any training. I further represent and understand that I am not an employee or agent of 1st Choice Continuing Education, that I have not been guaranteed any employment with anyone in connection with my decision to enter the 1st Choice Continuing Education and/or seek to enroll in training and that I could have chosen to enroll in another training school. Finally, to the extent that I have already paid any money to 1st Choice Continuing Education in connection with training, I have been advised that I will receive a refund of any such money should I refuse to sign this document. By executing this document, however, whether or not this paragraph is initialed, I intend to forever relinquish any right I have to a refund under the preceding sentence.
3. Limitation of Remedy: The undersigned agrees that 1st Choice Continuing Education has agreed only to provide the undersigned with certain services requested or to be requested by the undersigned, namely the training courses which the undersigned has ordered or will order, in exchange for the price that the undersigned has agreed or will agree to pay for such training courses, subject to all 1st Choice Continuing Education rules and conditions. The undersigned agrees that the total liability of 1st Choice Continuing Education as well as any of the Released Parties to the undersigned arising out of the undersigned entry into a 1st Choice Continuing Education facility, enrollment in 1st Choice Continuing Education or participation in training, whether under a contract or tort theory or any other theory of liability whatsoever, shall in no event exceed the total amount of money actually paid by the undersigned to 1st Choice Continuing Education for training. In no event shall 1st Choice Continuing Education or any other Released Party be responsible for any special, incidental or consequential damages of any kind, including but not limited to damages stemming from loss of revenue or profits, unmet business or financial expectations or consequential damages stemming in any way from or related in any way to any property damage or personal injury, including death. This limitation of damages applies to all causes of action of any kind whatsoever related in any way to the performance or non-performance by 1st Choice Continuing Education or any Released Party of any act, promise, service or duty related to the undersigned entry into any 1st Choice Continuing Education facility or related to the undersigned enrollment or participation in any training.
4. Indemnification: Should the above Released Parties, or anyone acting on their behalf, be required to incur any attorney’s fees, expenses or court costs to enforce this agreement or as a result of any breach of any promise or warranty made by the undersigned herein, I agree to promptly reimburse them for all such attorneys’ fees, expenses and costs. I further agree to indemnify and hold harmless 1st Choice Continuing Education and all other Released Parties from any injuries, damages, liability, expenses (including attorneys fees or costs) or losses of any kind, including any property damage or personal injury, including death, arising out of, connected with or associated in any way with any intentional or negligent act or omission I commit at or near any 1st Choice Continuing Education facility, or in connection with my actual or intended enrollment or participation in any training.
1st Choice Continuing Education takes great care to prevent errors on this site. However, due to the possibility of human error, the slight chance of incorrect information does exist. We apologize in advance for any inconvenience this policy may cause, but we will not perform any action without notification.
Use of 1st Choice Continuing Education Site
· The following is strictly forbidden on this web site: · Harassing behavior via e-mail or chat, using obscene or offensive language in any way. · The impersonation of others; “others” being any 1st Choice Continuing Education visitor, costumer, employee, etc. · The uploading, distribution or transmission of any defamatory, aggressive, obscene, insulting, or illegal content, as well as content which may constitute a criminal offense or violate the rights of others. · The uploading of any commercial use information for any purposes, including but not limited to the asking of others to join or become members of any other commercial online corporation or organization.
THIRD PARTY LINKS
1st Choice Continuing Education provides links to other web sites solely as added value; therefore, you access them at your own risk. 1st Choice Continuing Education has no control over these linked sites; all of them contain their own privacy policies, data collection practices, terms and conditions. We are not responsible for any aspect of the material that the sites of the third party links provide, including but not limited to its accuracy and content.
In addition, we deny any liability of such material or of any consequence arisen from your decision to use the links provided. If you have any feedback regarding these third party links, we are more than happy to listen to your personal opinion without being held liable.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These terms and conditions are applicable to all users from the moment they access the 1st Choice Continuing Education’s website. We reserve the right to make changes to our site, policies, term and conditions, at any time, for any reason.